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North Carolina Order of Attachment

North Carolina Order of Attachment

Name: North Carolina Order of Attachment
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.61 (371 reviews)

Category:

North Carolina Civil Procedure - Attachment

State:

North Carolina

Control #:

NC-CV-301

Format:

Instant download

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Public form

Description

Order of Attachment: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

In North Carolina a judgment accrues 8% interest from the time it is entered. Judgment can be enforced by execution/through Court process. A creditor with a judgment can attempt to use some of your property to pay the judgment. However, the creditor MUST use the Court system before getting access to your property.

It is an order of court to attach money or goods belonging to the judgment debtor in the hands of a third person. It is a remedy available to any judgment creditor; this order may be made by the court to holders of funds (3rd party) that no payments are to make until the court authorizes them.

A writ of body attachment is a process issued by the court directing the U.S. Marshal to bring a person who has been found in civil contempt before the court. The process may also be called an order of commitment for civil contempt or a warrant for civil arrest.

The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.

After the Writ is sent to the Sheriff, you may call the Sheriff's office to inquire about the status of execution efforts.In the event the Sheriff locates property on which to levy, he will contact you to request an advancement of fees. The property may then be seized and sold at a Sheriff's public auction.

A writ of attachment is a court order to "attach" or seize an asset. It is issued by a court to a law enforcement officer or sheriff. The writ of attachment is issued in order to satisfy a judgment issued by the court.

A writ of execution in North Carolina is a court document ordering the sheriff of the county in which you live to seize nonexempt property to satisfy or pay a money judgment against you.

The biggest difference between an attachment and a warrant is that once a warrant is entered into the system it almost always requires an arrest to clear the warrant. What this means for you is that you will be booked into jail and will be required to post a bond or go before a Judge to have your bail set.

An attachment is a court order seizing specific property. Attachment is used both as a pre-trial provisional remedy and to enforce a final judgment. Sometimes, courts attach a defendant's property as a provisional remedy to prevent the defendant from making herself judgment-proof.

North Carolina Order of Attachment

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